Administratief Akkoord tussen het Koninkrijk der Nederlanden en Bangladesh inzake het project "Char Development and Settlement Project III (CDSP III)"
The Netherlands Minister for Development Co-operation, being the competent Netherlands Authority for the purpose of this Administrative Arrangement, hereinafter referred to as “the Netherlands Party”, represented in this matter by the Ambassador of the Embassy of the Kingdom of The Netherlands in Dhaka,
The Economic Relations Division of the Ministry of Finance, Government of the People’s Republic of Bangladesh, being the competent Bangladesh Authority for the purpose of this Administrative Arrangement, hereinafter referred to as “the Bangladesh Party”,
HAVING REGARD to the provisions of Article I of the Agreement on Technical Co-operation between the Kingdom of the Netherlands and the People’s Republic of Bangladesh signed at Dhaka on 19 May 1977, hereinafter referred to as “the Agreement”,
HAVE ENTERED INTO THE FOLLOWING ADMINISTRATIVE ARRANGEMENT:
The two Parties shall jointly carry out a project, entitled ‘‘Char Development and Settlement Project III”, hereinafter referred to as ‘‘the Project’’.
The aim of this Project is to contribute to the coastal development in Bangladesh in the framework of Integrated Coastal Zone Management (ICZM) and to improve the economic and social situation of the people living in the char areas.
The aforesaid co-operation between the two Parties is planned to last four years i.e. from 1 July 2005 to 30 June 2009.
?BDT 922.000.000,– of Financial Assistance under a Contribution Arrangement;
?BDT 131.214.380,– for an NGO component of the Project, through direct contracting by the Embassy;
?EUR 2.685.341,- for Technical Assistance, through direct contracting by the Embassy;
?Euro 100.000 for review mission(s) of the Project, to be contracted directly by the Embassy.
The Netherlands Party shall appoint the Embassy of the Kingdom of The Netherlands as the Netherlands Executive Authority in charge of the Project.
The Netherlands Executive Authority shall be represented, as far as the daily operations of the Project are concerned, by the head of the Technical Assistance Team (being the Chief Technical Advisor or in his absence the Team Leader, hereinafter referred to as “CTA/TL”).
The Bangladesh Party shall appoint the Ministry of Water Resources as the Bangladesh Executive Authority in charge of the Project.
The Bangladesh Executive Authority shall be represented, in as far as the daily operations of the Project are concerned, by the Project Director.
Article V. (Delegation)
Each of the Executive Authorities shall be entitled to delegate under its own responsibility, partly or entirely, its duties in connection with the Project to other authorities or organisations. In doing so, the Executive Authorities shall inform each other in writing of any such delegation and of the extent of the delegation.
The CTA/TL shall be responsible to the Netherlands Executive Authority for the correct implementation of the Netherlands contribution.
The CTA/TL shall act in close consultation with the Bangladesh Executive Authority and shall respect the operational instructions given by the said Authority to the Bangladesh personnel.
The Bangladesh Executive Authority shall provide the CTA/TL with any information that may be considered necessary for the execution of the Project.
The Executive Authorities shall establish in common agreement a Schedule of Operations indicating in detail:
the contribution of either Party;
the number and duties of the staff appointed by each Party;
the duration of their assignment;
a description of the equipment and materials to be made available.
The Schedule of Operations shall form an integral part of this Administrative Arrangement.
The Schedule of Operations may be amended in common agreement by the Executive Authorities.
The provisions of Article IV and V of the Agreement shall be applicable to the import and export of the equipment and materials provided by the Netherlands Party as well as to the status of the said equipment and materials.
Without prejudice to the payment by the Bangladesh Party or the Bangladesh recipient agency of the customs duties and taxes on the equipment and materials supplied by the Netherlands Party, those custom duties and taxes are due upon the transfer of the equipment and materials to the Bangladesh Party or Bangladesh recipient agency.
The Netherlands Party is in no way under an obligation to pay the customs duties or taxes.
Article X. (Reporting)
The CTA/TL and the Project Director shall submit to both Executive Authorities a semi-annual report in English every six months from 1 July 2005 on the progress made in the execution of the Project and on the expenditure incurred by both Parties. Approval or rejection of expenditures made from the Netherlands contribution is entirely and solely at the discretion of the Netherlands Executive Authority. On termination of the Project, the CTA/TL and the Project Director shall submit to all parties involved a final report in English on all aspects of the work done in connection with the Project.
Article XI. (Evaluation)
The Executive Authorities shall have the Project evaluated through a joint mid-term review mission, to be conducted in 2007.
Article XII. (Settlement of disputes)
Any dispute concerning the interpretation or implementation of this Administrative Arrangement, which cannot be settled in consultation between both Parties shall be referred to the respective Governments and shall be settled in a way to be decided upon by the latter.
Article XIII. (Entry into force and duration)
This Administrative Arrangement shall enter into force on the day of signature by both Parties and shall expire at the end of the period mentioned in Article 1, paragraph 3, of this Arrangement or on the date on which the Project will have been completed in conformity with the provisions of this Arrangement and of the Project Document, whichever date will be later.
DONE at Dhaka on 27 September 2005 in two originals in the English language both texts being equally autentic.
For and on behalf of the Netherlands Minister for Development Co-operation
Embassy of the Kingdom of The Netherlands
For and on behalf of the Government of the People’s Republic of Bangladesh, the Economic Relations Division of the Ministry of Finance